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Correct way to file a PAR and Correct Form- Info varies

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Correct way to file a PAR and Correct Form- Info varies

Postby structure01 » Sat Jun 08, 2019 2:58 pm

LL was forced to file a rent restore application.
I submitted Tenant Answer as tenant rep.
My Answer was lost in mail.
No answer for tenant group to examine- LL won.
I am submitting a PAR appeal.
Gertz Plaza by phone has told me twice that I can take my PAR appeal in person to Beaver St. office. Beaver St date/time stamp is acceptable.
PAR form says you must submit to Gertz Plaza. I do not want our Answer lost again.
Which is correct?
2. Down at Beaver Street office, DHCR worker ave me Form RTP-3 Answer to Notice and?or Application as the correct form to submit my PAR appeal on. She did not give me an instruction. Sheet. I cannot find any info on that form. Is she correct? or should I add an additional Tenant's Answer form with the new documentation I am adding to my original Tenant's answer a copy of which I am now submitting with a request that all be examined for a new determination and why? Is there another form or just the PAR form? I do not want this kicked back to me.
3. Gertz Plaza also told me to submit an appeal request to Anthony Tatano- Bureau Chief for Non-Compliance. I a doing this as well. There does not appear to be form. is it okay to simply submit the same full completed PAR package to Mr. Tatano?

I have never lost a case before. I don't like going high up the DHCR chain. I do not know how picky they are going to be.I want to cross every t and dot every i. Gertz Plaza on the phone has never steered me wrong. the worker at Beaver St was not very helpful in answering other questions. I want to know where I am going if I go down there again. Thanks.
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Re: Correct way to file a PAR and Correct Form- Info varies

Postby TenantNet » Sat Jun 08, 2019 4:08 pm

He chose to file for a restoration, they are not forced to file.

When the USPS loses a letter, that's why you send mail by certified mail or by certificate of mailing. You can also fax it to DHCR (when I do it's just the text, not the exhibits - and include any exhibits in the mailing).

But you still must file within 35 days. You can re-file if within the 35 days. But your post really isn't too clear as to what happened.

I believe that any response - whatever it is you are doing - can be filed either at Gertz or at Beaver St.

What is a RTP-3 form? If you have a copy, please scan and send PDF of the form. We can't begin to answer unless we see the form.

You can probably just submit whatever it is to Mr. Tatano.

As far as we know, there is no such thing as a "Par Appeal." Are you sure of what DHCR told you over the phone?

You would have to file a judicial appeal (Article 78) in NYS Supreme Court. But based on what you've said, I don't think your chances are very good. I believe there are limited exceptions if the PAR decision was based on a technical flaw (i.e., they go a date wrong - that can be corrected).

There are other situations that call for a refiling of a PAR - see one example at https://www.graubard.com/Articles/Aparm ... t-2012.pdf (a landlord publication).

But a PAR appeal? Never heard of it.
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Re: Correct way to file a PAR and Correct Form- Info varies

Postby structure01 » Sat Jun 08, 2019 5:26 pm

I had not previously filed a PAR.
" LL forced to file the application to restore the rent." Our LL had ignored a rent freeze ordered by DHCR since 08/13 threatening the tenants it they did not pay rent prior to freeze ( I did not know until much later about filing for overcharges).
In 02/18 LL tried to make tenants sign a renewal lease ( no new lease in-between) with a rent increase while the rent freeze was in effect. My LL does nor obey DHCR orders and had never applied for the rent restoration.
The tenants objected. During our 60 day response period the LL started Termination.
I got our State Senator and City Council Member involved and stopped the Termination.
The landlord paid us most of the overcharges I had been demanding with each of my rent checks ( on the rent check. I filed for the rest of the overcharges they did not reimburse fully.
So, in that way, in order to increase the rent in a new renewal lease the LL has been "forced to apply for a rent restoration."
I do not believe they have corrected the condition that caused the rent reduction/freeze.

I wrote an Answer for the Tenants to their Rent restore application and sent to DHCR in a timely manner. That is what was lost.
Because DHCR had no answer from the tenants as to whether or not the condition causing the reduction/freeze had been corrected, they rubber=stamped for the LL and the LL had the rent restoration/increase approved.

I am filing a PAR submitting my return receipt showing I mailed my Tenant Answer on a timely basis and that it was lost, and, therefore, never seen by the rent examiner for inclusion in the review. I believe the issues are substantive enough for consideration to reopen for a possible new determination.

It is much easier for me to submit to Beaver Street and I know it is received. But the PAR form states that it can only be submitted at Gertz Plaza. Gertz Plaza over the phone said Beaver Street is okay.
I wish I could scan the form she gave me at Beaver St. No scanner. It is not on any DHCR current list- RTP-3 Answer to Notice And/Or Application. I am done except for what form goes along with the PAR. This is my first PAR. I had nothing rejected by PAR. I did not mail anything to PAR and it was lost. It was my original Tenant Answer to the LL's rent restore application.

Does that help? I appreciate the assistance.
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Re: Correct way to file a PAR and Correct Form- Info varies

Postby structure01 » Mon Jun 10, 2019 5:09 pm

I spoke to a DHCR supervisor today. The only way to file the PAR form in person is at Gertz Plaza. It cannot be date/time stamped at any office other than Gertz Plaza e.g Beaver St.Otherwise, the PAR must be mailed.

The Form RPT-2 Answer to Notice and/or Application, which the worker at the Beaver Street office incorrectly gave me ( with no instructions. The form is not on an current online DHCR list of tenant forms) to submit with my PAR ( she did not give me a PAR form, only PAR instructions, so read everything before you leave the Beaver St DHCR office), is give to the tenant by DHCR when DHCR wants more information.

In the future I would not trust the in-person information from the front desk person at the Beaver St. office.
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